HomeMy WebLinkAbout2936A - 116 Staff Report WITHOUT Applications 051222
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365
MEMORANDUM
To: Planning Board
From: Kathy Williams, Town Planner
Date: May 13, 2022
Subject: Staff Report Definitive Subdivision Plan #2936A & Cluster Subdivision Special Permit #116
14 Lot Single Family Cluster Subdivision
Owner - Roman Catholic Bishop of Fall River/Applicant - The Davenport Companies
Located South Side of Route 6A, Yarmouth Port across from Hockanom Road
Assessor Map 125, Parcel 39
1. General Description: The Applicant, The Davenport Companies, seeks approval of Definitive
Subdivision Plan 2936A and Special Permit #116 to create a 14-lot single-family cluster subdivision on
a 15.3 acre parcel off Route 6A in Yarmouth Port, Assessor Map 125, Parcel 39, owned by the Roman
Catholic Bishop of Fall River. The un-numbered parcel is located on the south side of Route 6A across
from Hockanom Road and between Kencomsett Circle and Outward Reach. The parcel is currently
wooded and undeveloped, but includes a 180’ wide electrical transmission easement as well as an
easement for the Town of Yarmouth watermain. The property is located in the R40 zoning district and
is not within the Aquifer Protection District (APD) or Zone 2 of any drinking water wells.
Section 402 of the Zoning Bylaw allows for single-family cluster subdivisions with reduced lot sizes
with a minimum 30% open space. As a Cluster Subdivision, the project has gone through Site Plan
Review (see attached SPR Comments) and approval for a Preliminary Subdivision with the Planning
Board (see attached Certificate). A Definitive Subdivision and Special Permit for Single Family
Cluster Subdivision (Use A4) are required through the Planning Board, as the Special Permit Granting
Authority (SPGA). A joint Public Hearing Notice for both the Definitive Subdivision and the Special
Permit was published in the Cape Cod Times on May 2, 2022 and May 9, 2022 and sent to abutters
within 300’ and to abutting Towns on April 29th.
2. Special Permit Process & Criteria: Pursuant to MGL Ch.40A, §9, the SPGA must hold a public
hearing within 65 days of filing the application. The Special Permit application was submitted on
March 24, 2022, the 65 days expires on May 28th, and the Public Hearing is scheduled for May 18,
2022 at 5:30 PM. The decision of the SPGA must be made within 90 days following the closing of the
public hearing. A Special Permit requires a two-thirds vote (5 out of 7).
Criteria for Granting Special Permits for Cluster Subdivision:
103.2.2 Criteria. Special permits shall not be granted unless the applicant demonstrates that no
undue nuisance, hazard or congestion will be created and that there will be no substantial harm to
the established or future character of the neighborhood or town. In addition, individual sections of
the Zoning Bylaw contain supplemental special permit criteria for specific uses and types of
development.
Planning
Division
Planning Board - Definitive Subdivision Plan 2936A & Special Permit #116
May 13, 2022
Page 2 of 3
402.5.6 Criteria for Approval. Approval of a cluster development or a planned residential
development shall be granted upon a determination by the Special Permit Granting Authority that
the plan furthers the objectives stated in section 402.2 and complies with the requirements of
section 402.5 and that the plan enhances the preservation of open space for conservation or
recreation; utilizes natural features of the land; and allows more efficient operation of streets,
public utilities and other public services. In addition, there shall be minimum disruption of
established neighborhoods, especially with regard to unusually heavy traffic, visual impact, etc.
402.2 Objectives. The objectives of all developments under this section are: to allow relatively
intensive use of land locally while not increasing the population density on a large scale; to
preserve open space for conservation and recreation; to introduce variety and choice into residential
development; to meet housing needs; and to facilitate economical and efficient provision of public
services.
3. Subdivision Process & Criteria: Pursuant to MGL c.41, §81-U the Planning Board must, within 90
days of submission of application of a Definitive Plan following a preliminary plan, render an
approval, approval with modifications or disapproval with detailed reasons. The 90 days expires on
June 22, 2022 and the Public Hearing is scheduled for May 18, 2022. A Definitive Plan requires a
majority vote (4 out of 7).
Criteria for design of subdivisions is based on the Rules & Regulations Governing the Subdivision of
Land. In general, the Subdivision shall be designed to protect the safety, convenience, and welfare of
the occupants of the subdivision and the Town of Yarmouth, through reasonable precautions against
possible natural disasters, provisions for traffic safety and convenience, assurance of adequate sanitary
conditions, consideration of amenities, shall adhere to the principles of sound planning and good
engineering; and conform to the recommendations of the Board of Health (or their official
representative).
Strict compliance with the requirements of the Rules and Regulations may be waived when, in the
judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision
Control Law. The applicant is requesting five (5) waivers as outlined in the attached List of Waiver
Requests, dated 2/18/22. The only substantive request is to waive provision 4.2.1(j) requiring street
intersections on Route 6a to be not less than 400’ apart. The proposed access is located across from
Hockanom Road and approximately 260’ from Kencomsett Circle.
4. Road Name: The road names Miracle Way and Faith Road are acceptable to Engineering, Police and
Fire, as required by Town Policy.
5. Comments from Other Boards/Committees/Department: The attached Table 1 – Summary of
Town Staff Comments outlines input received from Town Staff/Departments on the Definitive
Subdivision and Special Permit submission for consideration by the Planning Board.
6. Comments from the Public: The attached three (3) written comments have been received for the
proposed project as of noon on 5/13/22. Written comments are open through 5:00 pm on May 17th.
Any additional written comments received will be forwarded to the Planning Board.
7. Planner Suggestion: Due to the size of the project and the outstanding questions/comments, suggest
outlining the additional information the Board would like to see from the Applicant and continue the
Public Hearing to a time and date certain.
Planning Board - Definitive Subdivision Plan 2936A & Special Permit #116
May 13, 2022
Page 3 of 3
Attachments:
Table 1 – Summary of Town Staff Comments, dated May 12, 2022
Site Plan Review Comments, dated 5/11/21
Certificate of Approval of a Preliminary Plan, dated 12/4/20
Written Public Comments
Aerial Map
Application Forms & Materials:
o Form C – Definitive Subdivision and Special Permit Application form
o 2/18/22 Cover Letter from J.M. O’Reilly
o List of Waiver Requests
o Traffic Assessment by VHB
o Stormwater Report & Operation Manual
o Nitrogen Calculations
o Homeowners Association Bylaws
o Business Entity Summary
Miracle Way and Faith Way House Plans, prepared by Davenport Building Company, last revised
1/24/22:
o A1 Elevations
o A2 Foundation & First Floor Framing
o A3 First Floor/Bathroom/Second Floor Framing
o A4 Second Floor Framing/Second Floor/Section 4
o A5 Roof Framing/Sections 1, 2 & 3
Site Plans: All plans prepared by J.M. O’Reilly & Associates, Inc., and last revised on February 18,
2022, unless otherwise noted:
o C0 Cover Sheet
o C1 Existing Conditions Plan
o C2 Site Layout Plan
o C3 Road Plan & Profile
o C4 Grading & Drainage Plan
o C5 Details & Notes
o C6 Curb Cut Plan, last revised 8/19/21
o C7 Stormwater Contributory Area Plan
o C8 Vehicular Travel Plan
o C9 Landscape Plan
o C10 Watershed Delineation Plan
Page 1 of 4 Table 1 – Summary of Town Staff Comments Definitive Cluster Subdivision Plan #2936A & Special Permit #116 May 12, 2022 Fire: The Fire Department supports the plan as submitted. Fire Department access and hydrants will adhere to proposals referenced on plans and details (C2)(C5). Water: All water work should be in accordance with the Yarmouth Water Dept. Water Materials and Installation Standards. Show watermain connection at Route 6a to include a cut in tee with triple gate cluster. A tapping sleeve and valve is acceptable for the easement connection. Show a triple gate setup at Faith and Miracle and show hydrant valves. Provide a minimum of 5’ of horizontal separation between the watermain and drainage structures. Coordinate directly with the Town of Yarmouth Water Department regarding final water main design, and methods and materials for the modification of municipal water service, including inspection, testing and disinfecting requirements. Building: Confirm all smaller lots meet the maximum lot coverage of 25% (lot coverage includes buildings, decks, driveways, bulkheads and any accessory structures). Fill in excess of 5’ requires a permit from the Building Commissioner per Zoning Bylaw Section 302.1. Community Development Housing Per Zoning Bylaw 412.2.2.2 inclusionary zoning applies to any subdivision of land for development that results in a net increase of five (5) or more dwelling units. Per Zoning Bylaw 412.2.3, two affordable units are required and options for meeting this requirement are outlined in the Site Plan Review Comments and the Zoning Bylaw. Please note that the cost for the payment of a fee in lieu of affordable housing (412.4) shown in the SPR comments has since changed. Based on the current Median Income for Yarmouth as set by US HUD, this fee for FY22 is $144,500 per affordable housing unit; or $289,000 for two units. See attached May 3, 2022 Memo from Mary Wayan, Affordable Housing Administrator. Conservation: There is no Wetlands Protection Regulation jurisdiction for this project. As construction will not begin prior to July 1, 2022, and there will be more than one acre of disturbance, a Stormwater Management Permit from the Conservation Commission is required in accordance with the Yarmouth Stormwater Management Regulations. This permit requires detailed submission information on Stormwater Management and drainage/treatment calculations, construction period Erosion and Sediment Control, and Operation & Maintenance Plan. Town Planner Section 402: The proposed project is an allowed use in the R40 zoning district located on a lot over ten (10) times the minimum single family lot size (402.6.1), meets the requirements for 14 lots (402.7.1), provides a minimum 30% open space (402.6.2), and meets the dimensional requirements of Section 402.7.3.1. Conditions of Certificate of Approval of a Preliminary Plan: o Condition 1 – Address Town Staff Comments: See these updated comments from Town Staff. o Conditions 2 – Consideration of Waivers: Waiver requests have been submitted. o Condition 3 – Watermain Loop: Watermain has been interconnected with only a short dead-end on Faith Road. o Condition 4 – Future Municipal Sewering: The plans incorporate a 15’ wide sewer easement to the rear of the lower lying Lots 1-5. It is assumed the other lots would be collected through a sewer main located within the road layout.
Page 2 of 4 Consideration should be given now to the location of a future sewer line in the roadways, taking into consideration other utility locations (i.e. drainage structures/manholes and proximity to watermain). o Condition 5 – 25’ Undisturbed Open Space: The submitted plans revised the grading to keep the 25’ side strips undisturbed. o Condition 6 – Road Slopes: The submitted plans were not modified to “re-evaluate the road grade on Miracle Way to soften the grade at the Route 6A intersection for vehicle stacking”. The plans did reduce the grade on Miracle Way from 10% to 8%. Waivers: o Drainage Structures: Waiver for drainage structures (5.4.2(b)) note that the inside diameter of the CB will be 3.5’ and 5.5’ for the leaching basins. The plans denote the standard 4’ and 6’ respectively. o Utility Locations: The waiver request should be for Section 5.4.4 – Utility Locations, and Section 4.2.5 – Cross Section. Old Kings Highway (OKH): Any retaining walls and future buildings will require permitting by OKH. Only one style of building is being proposed for all 14 lots. Miscellaneous Comments on Plans: o C1 – Existing Conditions Plan: Section 3.4.2(q) requires both test pits and perc tests at locations of leaching structures. Calculate the adjusted high ground water elevation. o C2 – Site Layout Plan: Show roadway layout information including radii to confirm compliance with the R&Rs. o C-3 Road Plan & Profiles: Show guardrail locations on Road Plan to ensure adequate horizontal separation with utilities (gas and guardrail are very close). Review vertical separation distances between watermain and drainage. Consider circling gas line around the cul-de-sac similar to the electric to readily allow for service connections. The gas line conflicts with the catch basin at around Station 5+60. The drainage line and watermain are also in very close proximity near Station 2+25, ensure adequate separation. If there are any pad mounted transformers, locate them on the plan and provide screening. Per Section 3.4.2.n.5, show drainage facilities with rims/inverts on the profiles and extend profiles to end of the cul-de-sac. Per Section 4.2.4, confirm the forward sight distance on all vertical curves is a min. of 150’. Per Section 4.6.3, provide written approvals of the design by all utilities to provide services within the subdivision. o C-4 Grading & Drainage: Correct area of Open Space to match the Definitive Subdivision Plan. Include rim and invert elevations on all DMHs. o C-5 – Details: Consider beehive catch basin grates in water quality swales. Show guardrail location on left side of Roadway Pavement Section and evaluate close proximity to gas main. o C-9 – Landscape Plan: Section 4.6.2 promotes retention of natural features such as large trees which add attractiveness and value to the subdivision. The plans show most of every lot being clear cut. The only plantings proposed on the lots are one dogwood tree per lot and some arborvitae at the top of the slope for Lot 13. Additional native trees and/or shrubs should be installed especially along the property lines between the lots, and along the rear property lines of lots with close abutters.
Page 3 of 4 Sidewalks: 4’ sidewalks are required on Minor Streets when deemed necessary by the Planning Board per Section 4.6.4. Homeowners Association: The Homeowner Association document submitted outlines the creation and operation of the Association. It mentions Maintenance Covenants in 4.1 and Declaration of Protective Covenants in 4.7, but based on the context these seem more related to what people do on their individual lots and were not submitted with the application materials. There needs to be some type of Maintenance Covenant that addresses the requirements for operation and maintenance of the private roadways, the utilities, the drainage systems (per an approved O&M Plan), landscaping, Open Space and Sight Easement, along with legal conveyance of the Open Space to the Homeowners Association who would be responsible for payment of taxes. A restriction enforceable by the Town will also need to be recorded to preserve the Open Space per Section 402.6.2. The document should also clearly define the homeowner’s responsibilities for operation and maintenance of any dry swales located on their property. Stormwater Management Permit: Also see Engineering Comments. The applicant is submitting a Stormwater Management Permit application to the Conservation Commission in accordance with the Yarmouth Stormwater Management Regulations as they are disturbing more than one acre of land. This permit requires detailed submission information on Stormwater Management and drainage/treatment calculations, construction period Erosion and Sediment Control, and a post construction Operation & Maintenance Plan. These requirements exceed those required by the Rules & Regulations Governing the Subdivision of Land. To avoid duplicate effort, it is proposed that the Applicant pay for a peer review of the Stormwater Management Permit application (which is more stringent) rather than the Definitive Subdivision Plans. The Erosion Control Plan, Details and Construction Sequencing developed for this permit should also be submitted to the Planning Board. Please note that the Stormwater Management Regulations require the use of NOAA Atlas 14 precipitation estimates, which are slightly higher than those used in the submitted drainage report. Runoff from the Lots: Drainage for all roofs is addressed through infiltration. The driveways for Lots 1, 2, 3, 4, 5, 6, 8, 9 and 10 are directed mainly to dry swales located between the houses. However, it would appear more area including driveways for lots 7, and 11-14 would be directed to one of the two main contributary areas, but are not shown doing so in the Stormwater Contributory Area Plan. It would also appear more runoff would be directed to the dry swale between Lots 8 & 9 than shown on the Area Plan. To assure the abutting property owners that the project will not increase runoff onto their property, confirm that the post construction runoff from the site towards the western property line (Kencomsett Circle) and towards the eastern property line are less than the pre-construction runoff rates to these areas. Traffic Assessment: o Crash Data: Please calculate the crash rate for Hockanom Road. Is there a reason the Outward Reach intersection was not analyzed? Would the Yarmouth Police Department have any supplemental crash data or is the MassDOT database the most accurate? o Sight Distance: In Table 3 – Route 6A at Proposed Sight Driveway Stopping Sight Distance (SSD), it would appear that the measured Stopping Sight Distance traveling eastbound would be the higher number, please confirm.
Page 4 of 4 Why is the required Intersection Sight Distance different for looking Left and Right? Are the measured values in Table 3 based on existing conditions, or do they take into consideration the proposed regrading and vegetation removal in the Sight Easement area? If existing conditions, what are the estimated sight distances with the recommended Sight Easement? Are there any other improvements that could be made to increase the ISD? The Sight Easement recommended in the VHB Traffic Assessment is larger than that shown on the Plans. Ultimately, the Sight Easement including any additional slope grading needed should be adjusted on the Plans to meet that recommended in the VHB Assessment. o 400’ Waiver: The Applicant is requesting a waiver from the requirement that street intersections on Route 6A be spaced not less than 400’ apart (4.2.1(j)). It would appear that access to the site off Route 6A could be located 400’ from both Hockanom and Outward Reach. Please have VHB provide some documentation, conclusion or recommendation to support the requested waiver (i.e. is the proposed intersection location safer in their professional opinion). o MassDOT: The Comment & Resolution Form does not provide any information on whether MassDOT would feel comfortable issuing the highway access permit, it just outlines the procedures you need to follow to submit an application. Were there any substantive comments on the access location made by MassDOT? Engineering: See attached May 12, 2022 from Amanda Lima, Town Engineer Health: See attached May 10, 2022 Memo from Bruce Murphy, Health Director
TOWN OF YARMOUTH
I 146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451
Te lephone (508) 398-2231 Ex t. 12 75, Fax (508) 398-2365 TTD : (508) 398-2231
MEMO: Joanne Crowley, Chair
Planning Board
FROM: Mary Waygan, Affordable Housing/CDBG Program Administrator
DATE: May 3, 2022
RE: Update to the Site Plan Review Comment Sheet May 11 , 2021
Current Calculation of Fees in Lieu of Affordable Housing
Route 6A (Across From Hockanom Road), Yarmouth Port
CC: Robert L. Whritenour, Jr., Chair, Affordable Housing Trust
Nate Small , Chair, Community Housing Committee
Karen M. Greene, Director of Community Development
Kathy Williams, Town Planner
Enclosures US HUD FY2022 Income Limits Documentation
DE PARTME NT
OF
COMM UN ITY
DEVELOPMENT
I would like to offer the following update to the May 11, 2021 Formal Site Plan Review
Comment Sheet for the above referenced location.
Per the Town of Yarmouth Zoning Bylaw Section 412.4 Fees in Lieu of Affordable Housing, the
current calculation of the Fees in Lieu of Affordable Housing cash payment is:
Federal Fiscal Year FY22
Median Income * $ 115 ,600
Multiplying Factor** 125%
Cash Payment Per Unit $ 144,500
I Cash Payment for Two (2) Units $ 289,ooo I
* US HUD https://www.huduser.gov/portal/datasets/il/il2022/2022summary.odn (May 3 , 2022)
** Town of Yarmouth Zoning Bylaw Section 412.4 Fees In Lieu of Affordable Housing (Nov 2 , 2021)
11-J FY 2022 INCOME LIMITS DOCUMENTATION SYSTEM
H..OU9ER
HUD.gQY HUD User Home Data Sets Fair Market Rents Section 8 Income Limits MTSP Income Limits HUD LIHIC Database
FY 2022 Income Limits Summary
Selecting any of the buttons labeled "Click for More Detail" will display detailed calculation steps for each of the various
parameters.
FY 2022 Median Family Income FY 2022 Income Limit Persons in Family
Income Category Limit Area Click for More Detai 1 2 3 4 5 6 7 8
Very Low ( 50%) Income
Limits($) 38,050 43,500 48,950 54,350 58,700 63,050 67,400 71,750
Click for More Detail
Barnstable ~ Extremely Low Income
Town, MA Limits($)* 22,850 26,100 29,350 32,600 35,250 37,850 41,910 46,630
MSA Clicl for More Detail
Low (80%) Income
Limits($) 60,900 69,600 78,300 86,950 93,950 100,900 107,850 114,800
Click for More Detail
NOTE: Barnstable Town city is part of the Barnstable Town, MA MSA, so all information presented here applies to all of the Barnstable
Town, MA MSA.
The Barnstable Town, MA MSA contains the following areas: Barnstable Town city, MA; Bourne town, MA; Brewster town, MA; Chatham
town, MA; Dennis town, MA; Eastham town, MA; Falmouth town, MA; Harwich town, MA; Mashpee town, MA; Orleans town, MA;
Provincetown town, MA; Sandwich town, MA; Truro town, MA; Wellfleet town, MA; and Yarmouth town, MA.
*The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the greater of 30/50ths (60 percent)
of the Section 8 very low-income limit or the poverty guideline as established bY. the Department of Health and Human Services (.til:i.S).,
provided that this amount is not greater than the Section 8 50% very low-i ncome limit. Consequently, the extremely low income limits may
equal the very low (50%) income limits.
Formal_X _Informal ___ Review
SITE PLAN REVIEW COMMENT SHEET
Date : May 11 , 2021 New Map: 125 New Lot: 39
Applicant: Davenport Companies
Location: Route 6A (across from Hockanom Road) Zone: R-40
Persons Present:
Kevin Huck , Fire Laurie Ruszala , Water Paul Tardif
Jason Moriarty, Fire Amanda Lima , Enqineerinq John O'Reilly
Kathy Williams, Planninq Bob Reedy
Mark Grvlls, Buildinq Christian Davenport
Kelly Grant, Conservation
Project Summary
Fourteen (14) Lot Residential Cluster Subdivision .
Comments
Building: Property is located in the R-40 zoning district.
Yarmouth Zon ing Bylaw -Section 402 specifies the standards to follow for Single Family Cluster subdivisions .
402.3 Applicability. A Special Permit to allow the use of land for any development outlined in this section may be granted
by the appropriate authority with the uses and dimensional requirements as spec ified below in lieu of those elsewhere
specified in this bylaw, provided that all regulations and procedures are complied with .
402.4 Permit Granting Authority. A Special Permit for a Single-Family Cluster Development or a Planned Residential
Development may be issued by the Planning Board .
I recommend confirming the min imum lot width on lot 10. It is scaling close to the minimum 100 ' required at the building
line per section 402 .7.3.1.
Lot Coverage in Table I Section 402 .7 .3.1 is 25 % and not building coverage as referenced in the Zoning Notes. Lot
coverage includes decks, driveways , accessory structures etc. There are no accessory structures proposed , however if
considered at some point the following shall apply . 402 . 7.3.1.
No accessory s tructure shall be place_d within 30 feet of the front lot line, within 10 fe et of a side lot line, or within 12 feet of
any other building. Accessory structures of up to 150 square feet may not be placed closer than 10 feet from a rear lot
line . Accessory structures of 150 square fe et or m ore m ay not be placed closer than 20 fe e t from a rear l ot line .
Community Development: Per Zoning Bylaw 412 .2.2.2 inclusionary zoning applies to any subdivision of land for
development that results in a net increase of five (5) or more dwelling units. Per Zoning Bylaw 412 .2.3, two of the
fourteen homes must be set aside as affordab le homes . A donation of two lots to a non-profit developer of affordable
housing , under a land disposition agreement approved by the Town , might be an avenue to satisfy this requirement. The
land d isposition agreement should address , amongst other items, a timeline for the completion of the affordable units, and
a plan to qualify the units for the state's Subsidized Housing Inventory. Other avenues include the off-site provision of
affordable housing (412.3) and the payment of a fee in lieu of affordable housing (412.4). Based on the current Median
Income for Yarmouth as set by US HUD , th is fee is $111 ,625 required affordable housing unit ; for two units the fee would
total $223,250. It is recommended that after the preliminary subdivision plan is approved , or concurrent w ith the
preliminary subdivision application, that the applicant present the development to the Community Housing Committee and
the Affordable Housing Trust.
Current Cash Payment in Lieu of On-Site Provision of
Affordable Housing
Median Income (US HUD)
Multiplying Factor Per Yarmouth Zon ing Bylaw
Cash Payment Per Unit
Cash Payment for Two Units
FY21
(Current)
$89 ,300
125%
$111,625
$223,250
FY19
(Previouslv Cited)
$91 ,300
125%
$114 ,125
$228 ,250
Formal_X __Informal_ _ __Review
SITE PLAN REVIEW COMMENT SHEET
Date: May 11, 2021 New Map: 125 New Lot: 39
Applicant: Davenport Companies
Location: Route 6A (across from Hockanom Road) Zone: R-40
Persons Present:
Kevin Huck, Fire Laurie Ruszala, Water Paul Tardif
Jason Moriarty, Fire Amanda Lima, Engineering John O’Reilly
Kathy Williams, Planning Bob Reedy
Mark Grylls, Building Christian Davenport
Kelly Grant, Conservation
Project Summary
Fourteen (14) Lot Residential Cluster Subdivision.
Comments
Building: Property is located in the R-40 zoning district.
Yarmouth Zoning Bylaw - Section 402 specifies the standards to follow for Single Family Cluster subdivisions.
402.3 Applicability. A Special Permit to allow the use of land for any development outlined in this section may be granted
by the appropriate authority with the uses and dimensional requirements as specified below in lieu of those elsewhere
specified in this bylaw, provided that all regulations and procedures are complied with.
402.4 Permit Granting Authority. A Special Permit for a Single–Family Cluster Development or a Planned Residential
Development may be issued by the Planning Board.
I recommend confirming the minimum lot width on lot 10. It is scaling close to the minimum 100’ required at the building
line per section 402.7.3.1.
Lot Coverage in Table / Section 402.7.3.1 is 25% and not building coverage as referenced in the Zoning Notes. Lot
coverage includes decks, driveways, accessory structures etc. There are no accessory structures proposed, however if
considered at some point the following shall apply. 402.7.3.1.
No accessory structure shall be placed within 30 feet of the front lot line, within 10 feet of a side lot line, or within 12 feet of
any other building. Accessory structures of up to 150 square feet may not be placed closer than 10 feet from a rear lot
line. Accessory structures of 150 square feet or more may not be placed closer than 20 feet from a rear lot line.
Community Development: Per Zoning Bylaw 412.2.2.2 inclusionary zoning applies to any subdivision of land for
development that results in a net increase of five (5) or more dwelling units. Per Zoning Bylaw 412.2.3, two of the
fourteen homes must be set aside as affordable homes. A donation of two lots to a non-profit developer of affordable
housing, under a land disposition agreement approved by the Town, might be an avenue to satisfy this requirement. The
land disposition agreement should address, amongst other items, a timeline for the completion of the affordable units, and
a plan to qualify the units for the state’s Subsidized Housing Inventory. Other avenues include the off-site provision of
affordable housing (412.3) and the payment of a fee in lieu of affordable housing (412.4). Based on the current Median
Income for Yarmouth as set by US HUD, this fee is $111,625 required affordable housing unit; for two units the fee would
total $223,250. It is recommended that after the preliminary subdivision plan is approved, or concurrent with the
preliminary subdivision application, that the applicant present the development to the Community Housing Committee and
the Affordable Housing Trust.
Current Cash Payment in Lieu of On-Site Provision of
Affordable Housing
FY21
(Current)
FY19
(Previously Cited)
Median Income (US HUD) $89,300 $91,300
Multiplying Factor Per Yarmouth Zoning Bylaw 125% 125%
Cash Payment Per Unit $111,625 $114,125
Cash Payment for Two Units $223,250 $228,250
Planning: The subdivision went through Informal SPR on April 21, 2020, and Preliminary Subdivision with the Planning
Board on December 2, 2020. As a cluster subdivision, it is required to go through Formal SPR, and submit to the
Planning Board for Definitive Subdivision (per Rules & Regulations Governing the Subdivision of Land (R&R)) and Special
Permit (per Section 402 of the Zoning Bylaw). Please note that the plans submitted are for Formal Site Plan Review and
not an application for Approval of a Definitive Subdivision Plan as noted in the April 21, 2021 letter from John O’Reilly.
That is a separate application process that happens after Formal SPR.
1. Curb Cut & Transportation Summary: The Applicant is seeking a waiver from the 400’ separation requirement
between intersections (R&R Section 4.2.1(j)). Significant public comment and a petition have been received
related to safety concerns regarding the new curb cut on Route 6a directly across from Hockanom Road. Although
a Transportation Summary was provided by Hayes Engineering, dated March 4, 2021, additional analysis,
documentation and mitigation measures would appear warranted to support the waiver and special permit criteria.
Crash data in the area should be analyzed.
Analysis of the safety of the new roadway should take into consideration existing impacts from the volume of
traffic from the skewed approach of Hockanom Road directly opposite the proposed curb cut.
The Intersection Site Distance (ISD) (left and right) should meet the AASHTO requirements for a design speed
for 45 mph with a controlled stop on the minor roads, not the Stopping Site Distance (SSD), to promote
smoother operation of the intersection.
Further reasoning regarding not using Eileen Road or an intersection location meeting the 400’ separation
requirement to support the waiver.
Provide status of discussions with MassDOT.
May require a peer review of the revised traffic study once the Special Permit/Definitive Plan is submitted.
2. Nitrogen and Septic Systems: Another issue brought up during the Preliminary
Subdivision process was concerns about Nitrogen pollution from 14 new 4-bedroom
homes. Per the Bass River MEP, it looks like this parcel is split between the Chase
Garden Creek/ Barnstable Harbor (CGC/BH) Watershed and the upper reaches of the
Bass River (BR) Watershed. So it is on a groundwater divide with flow from lots on the
northwest side of the site flowing to CGC/BH watershed which is a nitrogen sink,
meaning it can accept more nitrogen. Lots to the southeast flow to the BR watershed
which is significantly degraded requiring 70 to 80% total nitrogen removal (MEP Report
for sub-watershed). Recommend providing some analysis on the nitrogen loading going
to the Bass River watershed and consider ways to reduce nitrogen going to this impaired waterway.
3. Landscaping and Aesthetics:
Street Trees: Adjust drainage infiltration basin locations to allow for the installation of 2-inch caliper street trees
every 40’ just outside the right-of-way per R&R Section 5.5.5. This is especially important due to the extensive
tree removal being proposed on the site. Underground chambers may need to be moved so as not to be
impacted by the street trees.
Protection of Natural Features: R&R Section 4.6.2 promotes retention of natural features such as large trees
which add attractiveness and value to the subdivision. Although the site is heavily graded due to the
topography and drainage systems, effort should be taken to preserve as many existing trees as possible and
show as being protected on the Definitive plans. Clear cutting within the entire limits of work should be
avoided. Where existing tree removal in unavoidable, additional native trees and/or shrubs should be installed
along the property lines of the abutting lots, in the front yards, and top of slope by Lot 13.
4. Driveways: Some of the 10’ wide driveways are long with some at 10% grades. Consider providing turn-arounds
on site to avoid having to back out of these driveways. Is there a flat spot at the end of the driveways for a car to
look for on-coming traffic? Will there be garages?
5. Drainage: The two drainage basins on either side of the entrance do not create the most welcoming entrance. The
areas shown as the two larger water quality swales do not appear to meet the design standards per the MA
Stormwater Management Manual. Provide a detail for the dry water quality swales on the residential lots. Show the
proposed subsurface leaching fields for roof runoff on the Development Plan. Outline Best Management Practices
(BMP) for fertilizer and pesticide use in the O&M.
6. Sediment Control Plan: Although it is noted that a Stormwater Pollution Prevention Plan (SWPPP) will be prepared
and a brief outline of measures is noted in the Stormwater Management Report, a copy of the completed SWPPP
should be provided with the Definitive Subdivision plans due to the amount of area being disturbed (Sediment
Control Plan per Section 3.4.2 (u)).
7. Open Space: Over 30% Open Space is shown and wraps around the cluster development. Identify the
organization proposed to own and maintain the Open Space. Although the Open Space needs to be offered to the
Selectmen per Section 402.6.2, it is unlikely they will accept it. A mechanism will need to be put in place to maintain
the Open Space. A restriction enforceable by the Town will also need to be recorded to preserve the Open Space
per Section 402.6.2.
8. Roadway/Drainage/Utilities Maintenance Cov enants: As a priv ate road , prov1s1on s need to be made for the
maintenance, repair and/or replacement of shared drainage and utilities seNicing the development, the roadway,
and the proposed sight distance clearing limits.
9. Miscellaneous:
• Definitiv e Subdivision Plan:
o Zoni ng notes: Lot Coverage is 25% (not building coverage), and i nclude the rest of the paragraph under
402. 7 . 3.1 regarding Accessory structu re setbacks de pending upon the siz e of t he "ccessory structure;
o I nclude Cluster Calc ulation o n number of lots on Definitive Plan;
o Pl ace a box around t he note indicating the pla n is subject to a covenant and ag reeme nt per R&R 3.2.2(t);
o Include date of Preliminary S ubdivision Application and App roval.
o Include certification s tatement from the Town Cl erk (Mary M as lowski).
o All Plans should include the Planning Board #2936A.
• Submit complete Defin itive Plans to the Board of Health at the same t i me they are submitted t o the Planning
Board per R&R 3.4.3.
• Applicant should review the Design Standards as outlined in Section 4 of the R&R and Required Improvements
as outlined in Section 5 of the R&R to ensure compliance or request additional waivers. Applicant has
requested a waiver from Section 4.2.1 G) (Street Intersection Spacing) and 5.4 .2(a) (Drainage Pi pe). Applicant
should look at Section 5.4.2(b) for drainage structure depth and diameters.
• Although the Planning Board did not feel sidewalks were necessary within the subdivision due to the dead-end
roads, consider a sidewalk along the south side of Route 6A along the front of the property to improve
pedestri an safety.
• A ll buildings, retaining walls and fences need to go through Old Kings Highway.
Conservation: There is no wetlands protection regulations j urisdiction for this project.
Stormwater is being retained on site so no filing is required under the Yarmouth Stormwater Bylaw. The SWPPP should
be submitted to ensure no construction related impacts from stormwater runoff and sedimentation . Roof runoff dra inage
structures should be shown on the drainage plan.
Design Review: Not present, proj ect is res idential north of Route 6.
Engineering: Please see below for a listing of pertinent comments.
General:
• Formal addressing will be completed upon recording of the s ubdiv ision plan. Coordinate with the
Engineering Department upon filing .
• Suggest increasing utility easements for sewer to 15'.
Site:
• Suggest showing utilities on road plan & profile.
Stormwater/Drainage:
• Suggest a forebay/riprap at the outlet of the enclosed drainage system into the swales.
• Update Owner & Responsibility to reflect Davenport Company (pg 9 of the pdf).
Fire: Fire Dept. Access shall comp ly with 527 CMR1 .00 Chapter 18, 18.1 .1.4, 18.1.1.5., 18.2.3.4.4, YFD will
provide templates for ladder truck. Proposed road is 783' long, there will be a hydrant requ i red at the entrance to
proposed development and anothe r hydrant at the halfway point of the road. Nine of the proposed driveways are
greater than 50' long, Driveways should allow for pumper truck access, Per agreement, driveways to be 12' wide
with brush cut back to facilitate YFD pumper truck.
~: Septic plans will need to be submitted to the Health Dept for review and approval, after completion of the
required perc tests for each lot.
Water: Pl ease provide additional separation between the proposed water and gas lines. We would prefer a minimum of 5
ee f horizont aration to provide a safe working area around the water main.
Read & Received by Applicant(s)
Page 1 of 4 Table 1 – Summary of Town Staff Comments Preliminary Subdivision Plan 2936 November 24, 2020 Fire: Fire Department Access shall comply with 527 CMR1.00 Chapter 18, 18.1.1.4, 18.1.1.5., 18.2.3.4.4. Provide a hydrant at the entrance to the proposed development and another hydrant at the halfway point of the road. Nine of the proposed driveways are greater than 50’ long, driveways should allow for pumper truck access. Water: Contact Gary Damiecki and Ryan Holmes of the Town of Yarmouth Water Department for information regarding water main standards and requirements, final hydrant locations, and methods and materials for the establishment or modification of municipal water service. In addition to hydrants required by the Fire Dept, locate hydrants at the two dead ends. All water mains to be 8-inch. Health Sewage systems for each lot must meet all state and local health codes; as new construction, this shall be achieved without the use of variances. A perc test and soil evaluation must be performed on each lot. Definitive Subdivision shall include the following language: “No dwelling or unit shall be built on any lot without first securing, from the Health Department, the Disposal System Construction Permit required for the installation of a subsurface sewage system.” Building: The proposed dwelling location shown for Lot 1 does not meet the 50’ setback requirement from the development boundary as required by Zoning Bylaw Section 402.7.3.1. Fill in excess of 5’ requires a permit from the Building Commissioner per Zoning Bylaw Section 302.1. Town Planner: Zoning Table: Modify to note that the furthest point of the 100’x100’ square shall not be more than 250’ from the street, no dwelling may be closer to the boundary of the development than 50’, and no accessory structure shall be placed within 30’ of the front lot line, 10’ from the side lot line or 12’ from any other building (Zoning Bylaw Section 402.7.3). Please note the dwelling shown on Lot 1 does not meet the 50’ development boundary setback requirement. Open Space: Over 30% Open Space is shown and wraps around the cluster development. Identify the organization proposed to own and maintain the Open Space. Although the Open Space needs to be offered to the Selectmen per Section 402.6.2, it is unlikely they will accept it. A mechanism will need to be put in place to maintain the Open Space. A restriction enforceable by the Town will also need to be recorded to preserve the Open Space per Section 402.6.2. Roadway/Utilities Maintenance: As a private road, provisions need to be made for the maintenance, repair and/or replacement of shared utilities servicing the development and the roadway. Road/Utility Design: Road profile shows a section of roadway at 10%. As Minor Streets, the Planning Board may permit a maximum grade of 10% for minor streets where unusual topographic situations exist (Section 4.2.3). Confirm that
Page 2 of 4 vertical curves meet the sight distance requirements of Section 4.2.4 and radii of layout meets Section 4.2.1(f). If gas is to be provided, show on plans and typical road section. Dead end watermain should be avoided wherever possible per Section 4.5.1. Drainage calculations should utilize HydroCad, and not the rational method. Protection of Natural Features: Section 4.6.2 promotes retention of natural features such as large trees which add attractiveness and value to the subdivision. Although the site is heavily graded due to the topography, effort should be taken to preserve as many existing trees as possible and show as being protected on the Definitive plans. Clear cutting of the lots should not be allowed. Street Trees: Preserve suitable existing street trees if possible, but if not feasible due to grading, install 2-inch caliper trees every 40’ just outside the right-of-way per Section 5.5.5. Sidewalks: 4’ sidewalks are required on Minor Streets when deemed necessary by the Planning Board per Section 4.6.4. Drainage: Evaluate location and depth of dry water quality swales regarding aesthetics, especially at the entrance to the subdivision. How are the smaller dry water quality swales between lots to be accessed and maintained? No easements are shown. Consider locating individual dry swales on each lot and requiring maintenance by each property owner. Dry wells for roof runoff should be required for all lots. No easement is shown for the drainage within the Open Space area to the west of the entrance. Provide a Sediment Control Plan per Section 3.4.2 (u). Sight Distance: The Narrative notes that the sight distance to the East is being increased from 350’ to 450’. This does not appear to be large enough for a posted speed limit of 45 mph on such a major road (Route 6a) where people often exceed the posted limit and it is known to be difficult to take a left turn. Re-evaluate required intersection site distances for left turns for a 45 mph roadway. Coordinate with MassDOT Highway Access Permit requirements. Include provisions for maintenance of the vegetated slope to maintain sight visibility in perpetuity. Easements: Drainage easements shall be large enough to accommodate 100% reserve capacity per Section 4.3.1 and slope easements shall be provided where cut/fill slopes cannot be contained in the street right-of-way per Section 4.3.3. Old Kings Highway (OKH): Any retaining walls and future structures will require review by OKH. Coordinate with OKH to see if there is any applicability related to tree removal and guardrail style. Consider using a wooden guardrail versus metal guardrail for aesthetics. Community Development Housing The project shall contain two affordable rental units. The project proponent is responsible to work with the Town of Yarmouth and DHCD to create the units. The affordable units must qualify as low-income units for the purposes of M.G.L. Ch 40B, sec. 20-23, must be in compliance with 760 CMR 56.00 the Local Initiative Program (LIP), and must meet the guidelines and standards there under promulgated thereunder by the DHCD for the inclusion in the DHCD Ch 40B Subsidized Housing Inventory as Local Action Units. The affordable units must comply with the Town of Yarmouth Affordable Housing Standards. The units shall be deed restricted affordable in perpetuity with an Affordable Housing Restriction or Regulatory Agreement approved by the Town and DHCD. No relocation of tenants shall be caused by the creation of these units unless a relocation plan is approved by the Town and DHCD. Tenant selection shall be made by lottery per an Affirmatively Marketed Fair Housing Plan approved by the Town and DHCD. The Timing of Issuance of Building Permits, Construction and Occupancy shall be per Section 412.1.9 of the Town of Yarmouth Zoning Bylaw.
Page 3 of 4 Engineering: General: Miracle Way and Faith Road appear to be suitable road names. Please find the following addressing to be incorporated into the subdivision plan with a rectangular box around each number: o Open Space- 1 Miracle Way o Lot 1- 3 Miracle Way o Lot 2- 5 Miracle Way o Lot 3- 7 Miracle Way o Lot 4- 9 Miracle Way o Lot 5- 11 Miracle Way o Lot 6- 13 Miracle Way o Lot 7- 15 Miracle Way o Lot 8- 17 Miracle Way o Lot 9- 16 Miracle Way o Lot 10- 12 Miracle Way o Lot 11- 2 Faith Road o Lot 12- 4 Faith Road o Lot 13- 3 Faith Road On the Preliminary Site Plan, adjust work limit line through Lot #13 to include the proposed grading adjacent to Rte 6A. Per Section 4.2.3, confirm if a waiver is required by the planning board for the 10% maximum grade requirement. Stormwater/Drainage: Engineering Division accepts the drainage pipe material change. Provide invert elevations for all elements of the stormwater management system. Recommend implementing an O&M covenant which requires the continued maintenance of the stormwater management system and proposed sight distance clearing. Provide detailed calculation package pertaining to the design/sizing of all stormwater management BMPs, including all pertinent data used, to Engineering Division for review. Provide detail drawings for all elements of the stormwater management system. Consider the use of cascade grates for catch basin inlets at Station 3+09.48 to improve efficiency. Provide a construction-period erosion control, sedimentation, and pollution prevention plan. Any pertinent detail drawings should also be included. Provide a long-term operation and maintenance (O&M) plan for the stormwater management system.
Page 4 of 4 Conservation: There are no wetlands identified in the state GIS maps for the area. No wetlands have been identified on the site plan and there are no visible vegetation changes in aerial photos that indicate wetlands are present. Therefore, there is considered to be no wetlands protection jurisdiction for this proposal. The current stormwater bylaw regulations require that no person may undertake a construction activity, including clearing, grading, and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land or will disturb less than one acre of land but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre of land draining to the Town of Yarmouth municipal separate storm sewer system (MS4) that is hydraulically connected to a wetland without a Stormwater Management Permit issued by the Commission. An exemption applies to any construction that can be proven beyond a reasonable doubt to the satisfaction of the Commission to occur in a completely contained watershed that cannot possibly empty into the Town of Yarmouth MS4 that is hydraulically connected to a Wetland Resource Area. The applicant shall have the burden of proof in demonstrating that an activity is not subject to the jurisdiction of these regulations. Please note that the Conservation Commission is working on updating the Yarmouth Stormwater Regulations to include all projects disturbing more than one acre regardless of discharge into an MS4 system. Some provisions are being considered regarding projects already in development prior to this date. However, depending on the final Stormwater Regulations adopted, and start of construction, this project may require a Stormwater Permit from the Conservation Commission. As with Engineering, request detailed stormwater calculations, construction period erosion and sediment control plans and O&M plans be submitted for review by Engineering.
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ƚŚƌĞĞƌŽĂĚƐŝŶƚĞƌƐĞĐƚŝŶŐŝŶĂƐŵĂůůĂƌĞĂŽĨĂŚĞĂǀŝůLJƚƌĂǀĞůĞĚƐĐĞŶŝĐƌŽĂĚ͘dŚĞƌĞŝƐĂŵŽƌĞŶĂƚƵƌĂůĂŶĚ
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